The new EU Commissioner for Agriculture and Fisheries, Mr Franz Fischler, has been urged to tackle the contentious issue of "flag-of-convenience" vessels in EU waters, following a British ruling which entitles Spanish fishermen to claim up to £100 million in compensation.
The Spanish fishermen have been given leave to file the compensation claims under last week's House of Lords ruling, which found that the British government was in serious breach of EU law when it banned them from availing of British quotas.
Many of the 97 vessels were entitled to use these British quotas in Irish waters, and the Conservative government's attempt in 1991 to restrict their activities was of indirect benefit to this State at the time.
The legislation prevented 97 owners from "quota hopping" using flags of convenience. The owners, led by Factortame Ltd, took successful legal action to Europe, claiming that they had been discriminated against on grounds of nationality. Some 15 Spanish owners are understood to have already filed legal claims on foot of the ruling. Another 80 are expected to do likewise.
The Irish South and West Fishermen's Organisation (IS&WFO) warned at the weekend that stocks off the south-west and west Irish coasts would be decimated if Spain continued to use every loophole in EU law, and called on the new EU Commissioner to take action. "The Common Fisheries Policy will collapse if this issue is not dealt with once and for all," Mr Tom Hassett, secretary of the IS&WFO, said. Flagships constitute the bulk of fishery arrests in Irish waters, and the Naval Service has also co-operated with the British government to secure detentions.
Following successive claims by Irish skippers of harassment by flagships, the Minister for the Marine and Natural Resources, Dr Woods, said he intended to review the law which prevented the Naval Service from intervening in non-drugs-related incidents outside the 12-mile limit.
Last year, a judgment delivered by the International Tribunal for the Law of the Sea appeared to give Ireland further scope to take legal action against foreign flagships within the 200-mile limit.
